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MATTER OF JOHNSON v. ANNUCCI

532721.

205 A.D.3d 1275 (2022)

169 N.Y.S.3d 717

2022 NY Slip Op 03420

In the Matter of Johnathan Johnson, Appellant, v. Anthony Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 26, 2022.

Attorney(s) appearing for the Case

Johnathan Johnson, Malone, appellant pro se.

Letitia James , Attorney General, Albany ( Martin A. Hotvet of counsel), for respondents.

Garry, P.J., Egan Jr., Colangelo and Fisher, JJ., concur.

Petitioner is an incarcerated individual housed in the special housing unit (hereinafter SHU) at Upstate Correctional Facility. Upstate uses the Progressive Inmate Movement System (hereinafter PIMS) to classify incarcerated individuals in SHU based upon a myriad of factors, including acts and history of misbehavior. Under PIMS, incarcerated...

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